Federal Register / Vol. 86, No. 131 / Tuesday, July 13, 2021 / Notices 36711 

50 Water Street, Mill 2, Newburyport, 

MA 01950. 

FOR FURTHER INFORMATION CONTACT: 

Thomas A. Nies, Executive Director, 

New England Fishery Management 

Council; telephone: (978) 465–0492. 

SUPPLEMENTARY INFORMATION: The 

Scientific and Statistical Committee will 

meet to review information presented by 

the Council’s Skate Plan Development 

Team (PDT) and develop acceptable 

biological catch (ABC) 

recommendations for the Skate Complex 

for fishing years 2022–24. They will 

receive presentation on report of the 

SSC Social Science Subpanel Review of 

Groundfish and Scallops Specifications. 

They will discuss any comments on the 

document, NOAA/NMFS NS1 [National 

Standard 1] Technical Guidance 

Subgroup 3 Tech Memo. Also on the 

agenda is the discussion of approaches 

for modifying the acceptable biological 

catch control rules for the Northeast 

Multispecies (Groundfish) Fishery 

Management Plan. Other business will 

be discussed as necessary. 

Although non-emergency issues not 

contained on the agenda may come 

before this Council for discussion, those 

issues may not be the subject of formal 

action during this meeting. Council 

action will be restricted to those issues 

specifically listed in this notice and any 

issues arising after publication of this 

notice that require emergency action 

under section 305(c) of the MagnusonStevens Act, provided the public has 

been notified of the Council’s intent to 

take final action to address the 

emergency. The public also should be 

aware that the meeting will be recorded. 

Consistent with 16 U.S.C. 1852, a copy 

of the recording is available upon 

request. 

Special Accommodations 

This meeting is physically accessible 

to people with disabilities. Requests for 

sign language interpretation or other 

auxiliary aids should be directed to 

Thomas A. Nies, Executive Director, at 

(978) 465–0492, at least 5 days prior to 

the meeting date. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: July 8, 2021. 

Tracey L. Thompson, 

Acting Deputy Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2021–14851 Filed 7–12–21; 8:45 am] 

BILLING CODE 3510–22–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

[CPSC Docket No. 21–1] 

Thyssenkrupp Access Corp. 

AGENCY: Consumer Product Safety 

Commission. 

ACTION: Publication of a Complaint 

under the Consumer Product Safety Act. 

SUMMARY: Under provisions of its Rules 

of Practice for Adjudicative Proceeding, 

the Consumer Product Safety 

Commission must publish in the 

Federal Register Complaints which it 

issues. Published below is a Complaint: 

In the matter of Thyssenkrupp Access 

Corp. 

FOR FURTHER INFORMATION CONTACT: 

Alberta E. Mills, Secretary, Division of 

the Secretariat, Office of the General 

Counsel, U.S. Consumer Product Safety 

Commission, 4330 East-West Highway, 

Bethesda, MD 20814, (301) 504–7479 

(Office) or 240–863–8938 (cell). 

SUPPLEMENTARY INFORMATION: The 

Commission voted 3–1 to authorize 

issuance of this Complaint. Acting 

Chairman Adler, Commissioners Kaye 

and Feldman voted to authorize 

issuance of the Complaint. 

Commissioner Baiocco voted to not 

authorize issuance of the Complaint. 

The text of the Complaint appears 

below. 

Dated: July 8, 2021. 

Alberta E. Mills, 

Secretary, Consumer Product Safety 

Commission. 

United States of America 

Consumer Product Safety Commission 

In the Matter of Thyssenkrupp Access 

Corp., Respondent. 

CPSC Docket No.: 21–1 

Complaint 

Nature of the Proceedings 

1. This is an administrative 

enforcement proceeding pursuant to 

Section 15 of the Consumer Product 

Safety Act (‘‘CPSA’’), as amended, 15 

U.S.C. 2064, for public notification and 

remedial action to protect the public 

from the substantial risks of injury 

presented by various models of 

residential elevators (‘‘Elevators’’), 

which were manufactured and 

distributed by Thyssenkrupp Access 

Corp. (‘‘Respondent’’). 

2. This proceeding is governed by the 

Rules of Practice for Adjudicative 

Proceedings before the Consumer 

Product Safety Commission (the 

‘‘Commission’’), 16 CFR part 1025. 

Jurisdiction 

3. This proceeding is instituted 

pursuant to the authority contained in 

Sections 15(c), (d), and (f) of the CPSA, 

15 U.S.C. 2064(c), (d), and (f). 

Parties 

4. Complaint Counsel consists of 

attorneys in the Division of Enforcement 

and Litigation within the Office of 

Compliance and Field Operations 

representing the staff of the 

Commission. 16 CFR 1025.3(d). The 

Commission is an independent federal 

regulatory agency established pursuant 

to Section 4 of the CPSA, 15 U.S.C. 

2053. 

5. Respondent is a Missouri 

corporation with its principal place of 

business located at P.O. Box 545, 

Clinton, Missouri 64735. 

6. Upon information and belief, 

Respondent acquired Access Industries, 

Inc., a manufacturer of some of the 

Elevators, in or about 1999. 

7. Upon information and belief, 

Respondent acquired National Wheel-OVator Company, Inc., a manufacturer of 

some of the Elevators, in or about 2008. 

8. On or about January 31, 2013, 

ThyssenKrupp Access Manufacturing, 

LLC, a manufacturer of some of the 

Elevators, was merged into Respondent, 

with Respondent being the surviving 

entity. 

9. Upon information and belief, 

Respondent is a ‘‘manufacturer’’ and 

‘‘distributor’’ of a ‘‘consumer product’’ 

that is ‘‘distribute[d] in commerce,’’ as 

those terms are defined in Sections 

3(a)(5), (7), (8), and (11) of the CPSA, 15 

U.S.C. 2052(a)(5), (7), (8), and (11). 

The Elevators 

10. The Elevators are various models 

of residential elevators that were 

manufactured and/or distributed in U.S. 

commerce and offered for sale to 

consumers for their personal use in or 

around a permanent or temporary 

household or residence, school, in 

recreation or otherwise. 

11. Upon information and belief, the 

Elevators include, but are not limited to, 

the following models: Chaparral, 

Destiny, LEV, LEV II, LEV II Builder, 

Rise, Volant, Windsor, Independence, 

and Flexi-Lift. 

12. Upon information and belief, the 

Elevators were manufactured and 

distributed by Access Industries, Inc., 

formerly of Missouri; ThyssenKrupp 

Access Manufacturing, LLC and 

National Wheel-O-Vator Company, Inc., 

both formerly of Roanoke, Illinois; and 

by Respondent. 

13. Upon information and belief, at 

least 16,872 Elevators were 


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manufactured and distributed in U.S. 

commerce from 1996 through 2012. 

14. Upon information and belief, an 

undetermined number of Elevators were 

manufactured and distributed in U.S. 

commerce through 2012. 

15. Upon information and belief, 

most, if not all, of the Elevators were 

installed by third parties based upon 

guidance and instructions contained in 

materials provided by Respondent. 

16. These materials include 

engineering drawings and instructional 

materials, including installation, design, 

and planning guides (collectively 

herein, ‘‘Installation Materials.’’). 

17. Upon information and belief, the 

estimated price for a two-landing 

installation of the Elevators was 

between $15,000 to $25,000. 

18. The Elevators have a passenger car 

that moves between the floors in an 

elevator shaft, or ‘‘hoistway.’’ 

19. Access to an Elevator is restricted 

at each floor by a hoistway door, which 

often looks like a typical door installed 

in a consumer’s residence. 

20. Upon information and belief, 

when the Elevator is parked at a floor, 

the hoistway door is not locked from the 

exterior. 

21. The Elevators also contain an 

interior door, the elevator car door, 

which is usually an accordion door or 

a scissor gate. 

22. By design, accordion doors have 

v-shaped peaks and valleys that allow 

the door to collapse on one side of the 

car door and allow passengers to enter 

and exit the elevator. 

23. This design leads to the creation 

of additional inches of space between 

the peak, which is closest to the 

hoistway door, and the valley, which is 

furthest away from the hoistway door. 

24. Scissor gates are designed with 

metal grates and also collapse to the 

side of the car door to allow passengers 

to enter and exit the elevator. 

25. Both accordion doors and scissor 

gates allow for deflection if pressure is 

exerted on the elevator car door. 

26. Deflection creates additional space 

between the elevator car door and the 

hoistway door. 

27. Upon information and belief, 

children 2-years-old and older can fit in 

the space between a hoistway and 

elevator car door if the space is greater 

than 4 inches. 

28. The Elevators are commonly 

installed in homes, vacation rentals, and 

other premises where children are 

present. 

The Entrapment Hazard Created by the 

Elevators 

29. Children are likely to use an 

Elevator. 

30. Children are likely to play in or 

around an Elevator. 

31. Children can fit and become 

entrapped in the space between the 

hoistway door and the elevator car door 

when the space is greater than 4 inches 

(‘‘Hazardous Space’’). 

32. Parents or caregivers are not likely 

to appreciate the danger posed by a 

Hazardous Space between the hoistway 

door and elevator car door. 

33. When the elevator is not 

operating, children can open the 

unlocked hoistway door, step into the 

Hazardous Space between the hoistway 

door and elevator car door, and close 

the hoistway door behind them. 

34. Hoistway doors are designed with 

interlock devices, which automatically 

lock when the Elevator is in operation. 

35. If a child is in the Hazardous 

Space between the hoistway and 

elevator car doors, and the elevator is 

called to another floor, the hoistway 

door locks, trapping the child. 

36. In such a situation, a child cannot 

escape because the hoistway door is 

locked. 

37. In such a situation, a parent or 

caregiver will likely be unable to open 

the hoistway door to free the child 

while the elevator is in operation. 

38. A child entrapped in the 

Hazardous Space between the hoistway 

door and the passenger car door when 

an elevator is in operation can suffer 

serious injury or death. 

39. Upon information and belief, 

children as young as 2 and as old as 16 

have become entrapped in the 

Hazardous Space between the hoistway 

door and the elevator car door. 

The Elevator Defects 

40. The Elevators are defective 

because they contain defects in the 

‘‘contents, construction, finish, 

packaging, warnings, and/or 

instructions,’’ specifically through 

Respondent’s Installation Materials, and 

the Elevators contain design defects. See 

16 CFR 1115.4. 

41. The Installation Materials are 

defective because they direct, cause, or 

fail to adequately prevent installation of 

the Elevators in a manner that creates a 

Hazardous Space greater than 4 inches 

between the hoistway door and the 

elevator car door. 

42. The head breadths of some 

children can be less than 5 inches. 

43. Upon information and belief, 

because of these dimensions, children 

can fit in, and become entrapped 

between, the hoistway and elevator car 

doors. 

44. Certain Installation Materials are 

defective because they do not contain 

specific instructions on how to measure 

the space between the hoistway door 

and elevator car door based on the 

elevator car door type (accordion or 

scissor). 

45. Measuring to the valley versus the 

peak of an accordion elevator door can 

result in significant space variances, 

creating spaces much larger than 4 

inches. 

46. Installers using Installation 

Materials that do not specify how to 

measure are more likely to install the 

Elevators with a Hazardous Space 

because they are unlikely to appreciate 

the importance of minimizing the space 

between the hoistway door and elevator 

car door by measuring to the valley of 

the accordion door. 

47. The Installation Materials that do 

contain specific instructions on how to 

measure the space do so in a manner 

that will create a Hazardous Space of 

greater than 4 inches. 

48. Specifically, some of the 

Installation Materials affirmatively 

direct installers to measure the distance 

to the elevator car itself, the lead post 

of the car door, or the peak of the 

accordion door; all points that are 

inches closer to the hoistway door than 

the valley of the accordion door. 

49. Thus, such direction makes it 

highly likely that installers will fail to 

measure to the valley of an accordion 

door—all but ensuring installation with 

a Hazardous Space of greater than 4 

inches. 

50. The Installation Materials also are 

defective because they fail to state that 

these measurements are safety-critical 

and they fail to expressly warn about 

the entrapment hazard posed by the 

Hazardous Space. 

51. The Installation Materials contain 

many fine print measurements; failure 

to identify the particular measurements 

as a critical safety element or identify 

the hazard means it is less likely that 

there will be strict adherence to these 

measurements, which may lead to the 

creation of a Hazardous Space. 

52. The Installation Materials also are 

defective because they do not require 

the use of, or provide, a measurement 

tool. 

53. Failure to require the use of or to 

provide a measurement tool to ensure 

precise measurements between the 

hoistway door and the elevator car door 

may lead to the creation of a Hazardous 

Space because installers may measure in 

a way to create such a space. 

54. This is especially problematic 

when installing accordion doors, 

because of the additional space that can 

be created when measuring to the peaks 

of the doors and not the valleys. 

55. Thus, failure to require the use of 

or provide a measuring tool may lead to 


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installations where installers create a 

Hazardous Space by measuring to a part 

of the car door that would not minimize 

the space. 

56. The Installation Materials also are 

defective because they fail to contain an 

elevator car door rigidity requirement to 

account for deflection of the elevator car 

door when minimal force is applied. 

57. Deflection allows for the creation 

of an even larger Hazardous Space 

between the hoistway and elevator car 

doors. 

58. The larger space created by 

deflection allows older and larger 

children to push against the elevator car 

door and become entrapped in the 

Hazardous Space. 

59. The Elevators also are defective 

because they fail to provide and require 

use of available safety features to 

mitigate against the hazard. 

60. Upon information and belief, 

Respondent sold safety features to 

consumers as optional items. 

61. Upon information and belief, none 

of the Elevators come with a required 

safety feature that prevents a child from 

becoming entrapped in the Hazardous 

Space when the Elevator is called to 

another floor. 

62. The design of the Elevators allows 

the Elevators to move from floor to floor 

when a child is entrapped in the 

Hazardous Space, putting the child at 

risk of serious injury or death. 

63. Upon information and belief, none 

of the Elevators come with a required 

safety feature that would prevent the 

Elevator from moving from floor to floor 

if a child is entrapped in the Hazardous 

Space. 

64. Upon information and belief, the 

potential for a Hazardous Space to exist 

between the hoistway door and elevator 

car door is present on all Elevator 

models manufactured and distributed 

by Respondent. 

65. Upon information and belief, the 

potential for the Elevators to operate 

and move from floor to floor even if a 

child is entrapped in the Hazardous 

Space is present on all Elevator models 

manufactured and distributed by 

Respondent. 

Incidents Caused by the Defective 

Elevators 

66. The defects associated with the 

Elevators have led to three incidents, 

including the death of one child and 

serious and permanent injuries to 

another. 

67. Upon information and belief, on 

or about December 24, 2010, a 3-yearold boy became entrapped in the 

Hazardous Space between the doors of 

a Destiny model elevator. 

68. The elevator car door was an 

accordion door. 

69. Upon information and belief, the 

child suffered a catastrophic brain 

injury when the Elevator moved 

between floors, and as a result, is 

permanently disabled. 

70. The child will require constant 

care for the remainder of his life. 

71. The Elevator was manufactured on 

or about September 28, 2007. 

72. Upon information and belief, there 

were between 4.875 inches and 5 inches 

from the hoistway door to the peak of 

the accordion door, and 7.5 inches from 

the hoistway door to the valley of the 

accordion door. 

73. Respondent’s Installation 

Materials for this specific Elevator 

installation instructed the installer to 

measure 5 inches from the hoistway 

door to the ‘‘outside’’ or peak of the 

accordion gate. 

74. Upon information and belief, on 

or about February 1, 2017, a 2-year-old 

boy died when he became entrapped in 

the Hazardous Space between the 

hoistway and accordion door of an LEV 

Elevator that was moving between 

floors. 

75. Upon information and belief, the 

Elevator was manufactured on or about 

January 6, 2010. 

76. Upon information and belief, on 

or about November 28, 2019, a 4-yearold child was entrapped in the 

Hazardous Space between the hoistway 

and accordion door of a Destiny 

Elevator. 

77. Upon information and belief, 

while in the Hazardous Space, the child 

fell to the basement and was pinned by 

the Elevator. 

78. This Elevator was manufactured 

on or about May 4, 2000. 

79. Upon information and belief, the 

space between the hoistway door and 

the elevator car sill was approximately 

5 inches. 

80. Upon information and belief, this 

child was deprived of oxygen for some 

period of time, was hospitalized as a 

result of the incident, and was later 

released. 

Respondent’s Knowledge of the Defects 

and the Hazard 

81. Upon information and belief, 

Respondent knew of the deadly dangers 

of the Hazardous Space when it 

manufactured and distributed the 

Elevators. 

82. Upon information and belief, on 

or about July 31, 2003, National WheelO-Vator Company, Inc. received an 

‘‘Important Elevator Safety Information 

Bulletin’’ from the Otis Elevator 

Company. 

83. Upon information and belief, this 

letter and a safety brochure that 

accompanied the letter, highlighted the 

importance of reducing the Hazardous 

Space by using space guards, which are 

safety devices that can be installed on 

the back of each hoistway door to 

eliminate some of the Hazardous Space. 

84. The letter from Otis Elevator 

Company stated that, with space guards 

installed, ‘‘the likelihood of an 

entrapment between the door and gate 

and of serious injury or death is greatly 

reduced.’’ 

85. Upon information and belief, by 

2006, members of the American Society 

for Mechanical Engineers A17 

Residence Elevator Committee (the 

‘‘Committee’’) publicly raised concerns 

regarding risks posed by the 5-inch 

space requirement between the 

hoistway door and the elevator car door 

found in the ASME A17.1 Safety Code 

for Elevators and Escalators. 

86. Upon information and belief, 

various representatives for Respondent 

and National Wheel-O-Vator Company, 

Inc. participated in the Committee, 

including the task group manager for 

this issue, the vice chairman of the 

committee, and several other 

employees. 

87. Upon information and belief, 

some Committee members noted that 5 

inches between an elevator door and 

hoistway door could present an 

entrapment hazard. 

88. Upon information and belief, the 

Committee also discussed the potential 

for measuring discrepancies between 

peaks and valleys of accordion doors. 

89. Upon information and belief, the 

Committee also discussed the ability for 

accordion doors to be significantly more 

flexible due to deflection. 

90. Upon information and belief, 

Respondent nevertheless made no 

changes to the Elevators or any 

Installation Materials. 

91. Upon information and belief, in or 

about 2014, Respondent launched an 

information campaign, known as 

homeSAFE (Safety Awareness For 

Elevators). 

92. Upon information and belief, as 

part of the homeSAFE campaign, 

Respondent offered space guards to 

consumers. 

93. Upon information and belief, 

consumers were required to pay for 75% 

of the cost of each space guard. 

94. Upon information and belief, 

purchasing space guards for multiple 

landings would cost consumers 

hundreds of dollars. 

95. Upon information and belief, 

Respondent distributed approximately 

422 total space guards. 

96. As part of the homeSAFE 

campaign, on or about June 24, 2014, 

Respondent began recommending that 


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‘‘to help prevent child entrapments, 

make sure the space between the 

hoistway door and the cab gate is no 

more than four inches . . . [and] taking 

measurements from the hoistway door 

to the back or rear post of the car gate.’’ 

97. Upon information and belief, by 

the time that the homeSAFE campaign 

was launched, most, if not all, of 

Respondent’s Elevators would have 

already been installed with the defective 

Installation Materials that allowed for a 

Hazardous Space greater than 4 inches 

and did not recommend a precise 

measurement to the valley of the 

accordion door. 

98. Upon information and belief, in or 

about 2018, Respondent stopped 

supporting the homeSAFE website. 

99. Despite knowing for many years 

about the potential hazards associated 

with its Elevators, Respondent took no 

action to correct defects in its 

Installation Materials or its Elevators. 

100. Because of Respondent’s 

inaction, two children were involved in 

incidents with Elevators manufactured 

after 2006; one child became 

permanently disabled in December 2010 

and one child died in February 2017. 

101. Further, two of the reported 

incidents occurred during or after 

Respondent’s homeSAFE campaign; the 

death of a child in February 2017 and 

the hospitalization of a child in 

November 2019. 

The Substantial Risk of Injury Posed by 

the Elevators 

102. Upon information and belief, 

children, a vulnerable population, have 

sustained grievous bodily injuries and 

death after becoming entrapped in the 

Hazardous Space between the hoistway 

door and the elevator car door on 

Respondent’s Elevators. 

103. Upon information and belief, 

children are likely to interact with and 

playfully explore the Elevators, and it is 

foreseeable that children could become 

entrapped between the hoistway and 

elevator car doors. 

104. Parents and caregivers are not 

likely to know about or appreciate the 

safety hazard to children posed by the 

Hazardous Space between the hoistway 

and elevator car doors. 

105. Once a child enters the 

Hazardous Space and the elevator is 

called to another floor, the child cannot 

escape. 

106. If a child is in that Hazardous 

Space when the elevator is called to 

another floor, the child is at risk of 

crushing injuries that can prove fatal or 

permanently debilitating, such as 

massive head trauma, compression of 

the torso, broken bones, and other 

grievous bodily injuries. 

107. Children can also suffer long 

term complications from being crushed 

or dragged by an Elevator. 

108. A child in the Hazardous Space 

when the elevator is called to another 

floor is also at risk of falling into the 

elevator shaft and suffering serious or 

fatal injuries. 

109. Upon information and belief, at 

least three children have become 

entrapped in the Hazardous Space due 

to the defects associated with the 

Elevators. 

110. The defects present in the 

Elevators create a substantial risk of 

injury to children who are entrapped in 

the hazardous space between the 

hoistway and elevator car doors when 

the elevator is called to another floor. 

111. Death, grievous bodily injuries, 

and serious injuries, as defined in 16 

CFR 1115.6(c) and § 1115.12(d), are 

likely to occur and have occurred when 

children become entrapped in the 

Hazardous Space and the Elevator is 

called to another floor. 

Legal Authority Under the CPSA 

112. Under the CPSA, the 

Commission may order a firm to provide 

notice to the public and take remedial 

action if the Commission determines 

that a product ‘‘presents a substantial 

product hazard.’’ 15 U.S.C. 2064(c) and 

(d). 

113. Under CPSA Section 15(a)(2), a 

‘‘substantial product hazard’’ is ‘‘a 

product defect which (because of the 

pattern of defect, the number of 

defective products distributed in 

commerce, the severity of the risk, or 

otherwise) creates a substantial risk of 

injury to the public.’’ 15 U.S.C. 

2064(a)(2). 

114. A product may contain a design 

defect even if it is manufactured exactly 

in accordance with its design and 

specifications if the design presents a 

risk of injury to the public. 16 CFR 

1115.4. 

115. A defect can also occur in a 

product’s contents, construction, finish, 

packaging, warnings, and/or 

instructions. 

116. A consumer product may contain 

a defect if the instructions for assembly 

or use could allow the product, 

otherwise safely designed and 

manufactured, to present a risk of 

injury. 16 CFR 1115.4. 

Count I 

The Elevators Are a Substantial Product 

Hazard Because They Contain Defects 

That Create a Substantial Risk of Injury 

to the Public 

117. Paragraphs 1 through 116 are 

hereby realleged and incorporated by 

reference as if fully set forth herein. 

118. The Elevators are consumer 

products. 

119. The Elevators contain defects 

because: 

a. The Installation Materials direct, 

cause, or fail to adequately prevent 

installation of the Elevators in a manner 

that creates a Hazardous Space between 

the hoistway door and elevator car 

doors in which children can become 

entrapped, including by failing to: 

i. Contain adequate and correct 

instructions on how to measure the 

space between the hoistway door and 

elevator car door to avoid creating the 

Hazardous Space based on the elevator 

car door type; 

ii. contain adequate instructions on 

how to avoid the creation of a larger 

Hazardous Space based on the 

deflection of the elevator car door; 

iii. state that the measurement 

between the hoistway door and the 

elevator car door is safety-critical or 

expressly warn about the entrapment 

hazard; and 

iv. require the use of, or provide, a 

measurement tool to ensure precise 

measurement and avoid the creation of 

a Hazardous Space. 

b. The design of the Elevators fails to 

require safety features that prevent a 

child from becoming entrapped in the 

Hazardous Space and that prevent the 

Elevator from moving between floors if 

a child is entrapped in the Hazardous 

Space. 

120. These defects separately, and in 

combination, create a substantial risk of 

injury to the public because of the 

pattern of defect, the number of 

defective products distributed in 

commerce, the severity of the risk, or 

otherwise. 

121. Therefore, the Elevators present 

a substantial product hazard within the 

meaning of Section 15(a)(2) of the 

CPSA, 15 U.S.C. 2064(a)(2). 

Relief Sought 

Wherefore, in the public interest, 

Complaint Counsel requests that the 

Commission: 

A. Determine that the Elevators 

present a ‘‘substantial product hazard’’ 

within the meaning of Section 15(a)(2) 

of the CPSA, 15 U.S.C. 2064(a)(2). 

B. Determine that extensive and 

effective public notification under 

Section 15(c) of the CPSA, 15 U.S.C. 

2064(c), is required to adequately 

protect the public from the substantial 

product hazard presented by the 

Elevators, and order Respondent under 

Section 15(c) of the CPSA, 15 U.S.C. 

2064(c), to: 

(1) Notify all persons who distribute 

the Elevators, or to whom such 

Elevators have been sold or distributed, 


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to immediately cease distribution of the 

Elevators; 

(2) Notify appropriate state and local 

public health officials; 

(3) Give prompt public notice of the 

defect in the Elevators, including the 

incidents and injuries associated with 

the use of the Elevators, including 

posting clear and conspicuous notice on 

Respondent’s website, and providing 

notice to any third-party website on 

which Respondent has a presence, and 

provide further announcements in 

languages other than English and on 

radio, television, and social media; 

(4) Mail and email notice to each 

distributor, retailer, dealer and installer 

of the Elevators; and 

(5) Mail and email notice to every 

person to whom the Elevators were 

delivered or sold. 

C. Determine that action under 

Section 15(d) of the CPSA, 15 U.S.C. 

2064(d), is in the public interest and 

additionally order Respondent to: 

(1) Repair the defect in the Elevators 

by providing a free inspection to 

consumers by a qualified inspector who 

will measure the gap between the 

hoistway and elevator doors; 

(2) Install, at no cost to consumers, a 

free space guard approved by 

Commission staff that reduces the gap to 

no more than 4 inches; 

(3) Make no charge to consumers, and 

to reimburse consumers, for any 

reasonable and foreseeable expenses 

incurred in availing themselves of any 

remedy provided under any 

Commission Order issued in this matter, 

as provided by Section 15(e)(1) of the 

CPSA, 15 U.S.C. 2064(e)(1), including 

previous purchases of space guards or 

other safety devices, and all costs 

associated with those purchases, 

whether or not they were part of the 

homeSAFE campaign; 

(4) Reimburse distributors, retailers, 

dealers, installers, and other third 

parties for expenses in connection with 

carrying out any Commission Order 

issued in this matter, including the costs 

of repairs or replacements, as provided 

by Section 15(e)(2) of the CPSA, 15 

U.S.C. 2064(e)(2); 

(5) Submit a plan satisfactory to the 

Commission, within ten (10) days of 

service of the Final Order, directing that 

actions specified in Paragraphs B(1) 

through (5), and C(1) through (4) above 

be taken in a timely manner; 

(6) Submit monthly reports, to the 

Commission, documenting the progress 

of the corrective action program; 

(7) For a period of five (5) years after 

issuance of the Final Order in this 

matter, keep records of its actions taken 

to comply with Paragraphs B(1) through 

(5), C(1) through (4), above, and supply 

these records to the Commission for the 

purpose of monitoring compliance with 

the Final Order; and 

(9) For a period of five (5) years after 

issuance of the Final Order in this 

matter, notify the Commission at least 

sixty (60) days prior to any change in its 

business (such as incorporation, 

dissolution, assignment, sale, or petition 

for bankruptcy) that results in, or is 

intended to result in, the emergence of 

a successor corporation, going out of 

business, or any other change that might 

affect compliance obligations under a 

Final Order issued by the Commission 

in this matter. 

D. Order that Respondent take other 

and further actions as the Commission 

deems necessary to protect the public 

health and safety and to comply with 

the CPSA. 

Issued by Order of the Commission: 

Dated this 7th day of July, 2021 

lllllllllllllllllllll

By: Robert Kaye, 

Assistant Executive Director, Office of 

Compliance and Field Operations, (301) 504– 

6960. 

Mary B. Murphy, 

Director, Division of Enforcement and 

Litigation. 

Gregory M. Reyes, 

Trial Attorney. 

Michael J. Rogal, 

Trial Attorney. 

Complaint Counsel, Office of Compliance 

and Field Operations, U.S. Consumer 

Product Safety Commission, Bethesda, MD 

20814, Tel: (301) 504–7809. 

United States of America 

Consumer Product Safety Commission 

In the Matter of Thyssenkrupp Access 

Corp., Respondent. 

CPSC DOCKET NO.: 21–1 

List and Summary of Documentary 

Evidence 

Pursuant to 16 CFR 1025.11(b)(3) of 

the Commission’s Rules of Practice for 

Adjudicative Proceedings, the following 

is a list and summary of documentary 

evidence supporting the charges in this 

matter. Complaint Counsel reserves the 

right to offer additional or different 

evidence during the course of the 

proceedings, or to withhold evidence on 

the basis of any applicable legal 

privileges. 

1. Claims, complaints, records, 

reports, CPSC’s In-Depth Investigations, 

and lawsuits concerning incidents or 

injuries involving various models of 

residential elevators manufactured and 

distributed by Respondent 

(‘‘Elevators’’). 

2. Engineering drawings and 

instructional materials, including 

installation, design, and planning 

guides (referred to as ‘‘Installation 

Materials’’). 

3. Design, manufacturing, 

distribution, warnings, instructions, and 

promotional materials associated with 

the Elevators. 

4. CPSC Product Safety Assessments. 

5. Correspondence between 

Respondent and CPSC staff related to 

the Elevators. 

6. Documents and information related 

to the Elevators, including notices 

issued regarding the Elevators and 

similar products. 

7. Documents and information related 

to Respondent’s corporate structure and 

Respondent’s acquisition of and merger 

with other manufacturers and 

distributors of the Elevators. 

Dated this 7th day of July, 2021 

Mary B. Murphy, 

Director. 

Gregory M. Reyes, 

Trial Attorney. 

Michael J. Rogal, 

Trial Attorney. 

Division of Enforcement and Litigation, 

Office of Compliance and Field Operations, 

U.S. Consumer Product Safety Commission, 

Bethesda, MD 20814, Tel: (301) 504–7809. 

Complaint Counsel for U.S. Consumer 

Product Safety Commission. 

Certificate of Service 

I hereby certify that on July 7, 2021, 

I served the foregoing Complaint and 

List and Summary of Documentary 

Evidence upon all parties of record in 

these proceedings by emailing a copy to 

counsel, as follows: 

Sheila A. Millar, 

Steven Michael Gentine, 

Keller and Keckman LLP, 1001 G Street NW, 

Suite 500 West, Washington, DC 20001. 

Email: millar@khlaw.com, gentine@

khlaw.com. 

Gregory M. Reyes, 

Complaint Counsel for U.S. Consumer 

Product Safety Commission. 

[FR Doc. 2021–14819 Filed 7–12–21; 8:45 am] 

BILLING CODE 6355–01–P 

DEPARTMENT OF DEFENSE 

Department of the Navy 

Notice of Extension of Public 

Comment Period for the Draft 

Environmental Impact Statement for 

the Navy Old Town Campus 

Revitalization 

AGENCY: Department of the Navy, DoD. 

ACTION: Notice of extension. 

SUMMARY: A notice of availability was 

published in the Federal Register by the 

U.S. Environmental Protection Agency 


jbell on DSKJLSW7X2PROD with NOTICES